Applying for probate

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If there is not a will

If the person did not leave a will, the most ‘entitled’ person can apply to become the administrator of the estate.

This is the closest living relative - normally the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children).

Use the inheritance calculator to work out who the closest relative is if there’s no husband, wife, civil partner or children.

You cannot apply if you’re the partner of the person but were not their husband, wife or civil partner when they died.

Contact the Probate Call Centre if you need more help to work out who can administer the estate.

Probate Call Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: contactprobate@justice.gov.uk

The law decides who’ll inherit assets (for example, money or property) if there’s no will. Use the inheritance calculator to work out who’ll inherit.

Before you apply for probate, you need to estimate the value of the estate of the person who died. You’ll need this estimate when you apply.

If you do not want to apply

If you’re the most entitled person but you do not want to administer the estate, you can either appoint someone else to do it or permanently give up your right to administer the estate.

Appoint someone to administer the estate on your behalf

Fill in form PA12 to allow up to 4 people to have ‘power of attorney’. This means they can apply for probate on your behalf and administer the estate for you. You can still apply for probate yourself later if you want to take back power of attorney.

You can also appoint someone using a registered lasting power of attorney (LPA) or signed enduring power of attorney (EPA).

Give up your right to administer the estate

If the person who died has children and you’re their husband, wife or civil partner, fill in form PA16. After that:

  • if all of the children are aged 18 or over, at least one of them will need to apply to become the administrator
  • if some or all of the children are aged under 18, other people will need to apply - contact the Liverpool District Probate Registry to find out who will need to apply

In all other situations, speak to a probate practitioner (such as a solicitor) instead. Read guidance from Money Helper about using a probate practitioner.

View a printable version of the whole guide

Part of What to do when someone dies: step by step

  1. Step 1 Register the death

    1. Register the death

    Check what to do if:

  2. Step 2 Tell government about the death

    The Tell Us Once service allows you to inform all the relevant government departments when someone dies.

    1. Use the Tell Us Once service to tell government
    2. If you cannot use Tell Us Once, tell government yourself

    You'll also need to tell banks, utility companies, and landlords or housing associations yourself.

  3. Step 3 Arrange the funeral

    1. Arrange the funeral
    2. Get help paying for a funeral
    3. Get help paying for a child's funeral

  4. Step 4 Check if you can get bereavement benefits

    You might be eligible for financial help.

    Check if you can get:

  5. and Deal with your own benefits, pension and taxes

    Your tax, benefit claims and pension might change depending on your relationship with the person who died.

    1. Manage your tax, pensions and benefits if your partner has died
    2. Check how benefits are affected if a child dies

  6. and Find bereavement support and services

    Get help with managing grief and the things you need to do when someone dies.

    1. Find bereavement help and support
    2. Find bereavement services from your local council

  7. and Check if you need to apply to stay in the UK

    If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

    Check the rules if:

    1. Contact UKVI to check the rules for other visas

  8. Step 5 Value the estate and check if you need to pay Inheritance Tax

    To find out if there’s Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the ‘estate’) of the person who died.

    1. Estimate the value of the estate to find out if you need to pay Inheritance Tax
    1. Find out how to report the value of the estate
    1. Pay Inheritance Tax if it’s due

  9. Step 6 Apply for probate

    You might need to apply for probate before you can deal with the property, money and possessions (the ‘estate’) of the person who died.

    1. Check if you need to apply for probate
    1. Apply for probate

  10. Step 7 Deal with the estate

    Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.

    1. Deal with the estate
    1. Update property records